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(영문) 대구지방법원 2014.10.31 2014고정926
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 30, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) in the Daegu District Court and racing support, and the judgment became final and conclusive on January 17, 2014.

The defendant is a person who operates a construction business chain C in Busan Northern-gu B.

From October 5, 2012 to December 24, 2012, the Defendant did not pay KRW 405,00 of the wages of KRW 405,00 on December 12, 2012 to workers D, who worked at the site of a bridge, drainage facilities and a bridge for construction works in the relocation and railway of a permanent dam in the area of flooded dams belonging to the above C, within 14 days from the date of retirement without agreement on the extension of the period.

In addition, the Defendant did not pay the total of KRW 4,315,00 to workers D, E, and F who worked at the site of the construction site and the second section, Section, Section, Section, Section, Section, Section, Section, Section, and Inspection as indicated below, within 14 days from the date of each retirement without agreement on the extension of the period.

[Crime: (1) D/1 of October 5, 2012, 202, 1/405,000 from October 5, 2012 to December 24, 2012 to December 24, 2012; (2) 2 E from October 1, 2012 to December 1, 2012, 405,55,000,000 for 405,550,005,000 for 405,95,000,003 F/3,003,00 on October 1, 201 to December 9, 205,00 from October 1, 201 to December 1, 2012 to 30,50,005,005,000 or more of evidence;

1. A protocol concerning the examination of the accused by the prosecution (including the G's statement part);

1. Each police statement made to D, H, I, and J;

1. Each letter;

1. Investigation report (Adjustment of details of the money and other valuables in arrears);

1. Previous convictions in the judgment: Reporting on criminal records, results of current and American scientific records, and application of each of the court rulings [Tgu District Court Decision 2013Kadan580, 2013Kadan639 (Joint District Court Decision 2013No3592] shall apply to statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act and the choice of fines for criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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